Amazon.com Product Advertising API License AgreementLast updated on 2016-04-01. (Current Associates: See what's changed.)
This Amazon.com Product Advertising API License Agreement ("License Agreement") contains the terms and conditions that govern your access to and use of the Product Advertising API, Data Feed, and Product Advertising Content (each as defined below). "We," "us," or "our" means Amazon Services LLC or any of its affiliate companies, as the case may be. "You" or "your" means the applicant. A "site" means a website. "Amazon Site" means the relevant U.S. site that is owned or operated by us or our affiliates for which we may make available Product Advertising Content pursuant to this License Agreement. "Your application" means any software application(s) or site(s) you own, operate, or control on which you link to the Amazon Site, on which you display Product Advertising Content, or that interface with the Product Advertising API.
BY CHECKING THE BOX INDICATING THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, OR BY ACCESSING OR USING THE PRODUCT ADVERTISING API, DATA FEED, OR PRODUCT ADVERTISING CONTENT, OR BY CONTINUING SUCH ACCESS OR USE FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED LICENSE AGREEMENT OR REVISED OPERATIONAL DOCUMENTATION, YOU (A) AGREE TO BE BOUND BY THIS LICENSE AGREEMENT, THE APPLICATION RESTRICTIONS IN THE AMAZON ASSOCIATES PROGRAM OPERATING AGREEMENT, AND THE AMAZON WEB SERVICES CUSTOMER AGREEMENT (TO THE EXTENT APPLICABLE TO THE AWS ACCOUNT THAT IS A PREREQUSITE FOR ACCESS TO THE PRODUCT ADVERTISING API); (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF USING THE PRODUCT ADVERTISING API OR DATA FEED AND PRODUCT ADVERTISING CONTENT AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS LICENSE AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS LICENSE AGREEMENT. IN ADDITION, IF THIS LICENSE AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS LICENSE AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS LICENSE AGREEMENT.
1. Description of Product Advertising API
The purpose of this License Agreement is to permit you to advertise items offered on the Amazon Site ("Products"). Under this License Agreement, we may make available to you proprietary application programming interfaces and other tools (collectively, the "Product Advertising API") that permit you to access and use certain types of data, images, text, and other information and content relating to Products ("Product Advertising Content"), including the following:
- Data, images, audio, video, logos, user interface designs, and other creative designs; and
- Textual materials, such as textual Product information.
To begin the enrollment process, you must submit a complete and accurate enrollment form. In your enrollment form, you must describe the application you intend to develop and use with the Product Advertising API or on which you intend to display Product Advertising Content. We will evaluate your enrollment form and notify you of its acceptance or rejection. We may reject your enrollment form if we determine that your application is unsuitable. Unsuitable applications include those that:
(a) do not have as their principal purpose advertising and marketing the Amazon Site and driving sales of products and services on the Amazon Site;
(b) promote or contain sexually explicit materials;
(c) promote violence or contain violent materials;
(d) promote or contain libelous or defamatory materials;
(e) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(f) promote or undertake illegal activities;
(g) include any trademark of Amazon.com, Inc. or its affiliates ( see a non-exhaustive list of our trademarks ), or variations or misspellings of any of them, in their URLs to the left of the top-level domain name (e.g., ".com," ".net," ".co.uk") - for example, a URL such as "amazon.mydomain.com," "amaozn.com," "amazonauctions.net," "endless.mydomain.com," "endlss.com," "kindle.mydomain.com," or "kindel.com" would be unsuitable, or use such a trademark or a variation or misspelling thereof in the name of the application; or
(h) otherwise violate intellectual property rights.
If we reject your enrollment form, you are welcome to reapply at any time. However, if we accept your enrollment form and we later determine that your application is unsuitable, we may terminate this License Agreement.
You will ensure that the information included in your enrollment form and otherwise associated with your account, including your contact information and the description of your application, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to this License Agreement, the Product Advertising API, Data Feed, or Product Advertising Content to the email address then-currently associated with your Product Advertising API account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your Product Advertising API account is no longer current.
To enroll, you must have a U.S. Associates Program account and an Amazon Web Services account. If you do not have a U.S. Associates Program account, click here to apply for one. An Amazon Web Services account will automatically be created for you if you do not have one. You must maintain your U.S. Associates Program account and Amazon Web Services account in good standing in order to access or use the Product Advertising API, Data Feed, or Product Advertising Content.
You may create and use only one Product Advertising API account (and in the case of a legal entity, only one Product Advertising API account is permitted for you and all of your affiliates, collectively). If we determine in our sole discretion that more than one Product Advertising API account is used, owned, operated or controlled by you or on your behalf, we may terminate any or all of your accounts and this License Agreement.
3. Obtaining Product Advertising Content
You may obtain Product Advertising Content by making calls to the Product Advertising API. If we provide express prior written approval, you may also obtain Product Advertising Content through a data feed ("Data Feed") that we make available via file transfer protocol. To request our approval for access to Product Advertising Content through a Data Feed, contact us via this link . If you obtain Product Advertising Content through a Data Feed, your access to and use of the Data Feed is subject to this License Agreement. You acknowledge that we may change, deprecate, or republish the Product Advertising API or Data Feed, or any features of the Product Advertising API or Data Feed, at any time and from time to time, and you agree that it is your responsibility to ensure that your access to and use of the Product Advertising API or Data Feed is compatible with the then-current requirements (including this License Agreement and all Operational Documentation).
You must use both a unique public key/private key pair (each key pair, an "Account Identifier") and an Associates Tag Parameter (which can be either the Associate ID issued to you under the Amazon Associates Program or a related Associates Program Tracking ID, each as defined in the Associates Program Operational Documentation) to identify your account and make calls to the Product Advertising API. Your Account Identifiers will be identical to the account identifiers assigned to you in connection with your Amazon Web Services account. You may obtain your Account Identifiers through the Product Advertising API account creation process or, if prior to enrollment you already had an Amazon Web Services account, you may use the Account Identifiers associated with that account. If you obtain Product Advertising Content through a Data Feed, you must use a unique username/password combination to access the Data Feed ("Data Feed Access ID"). You must obtain your Data Feed Access ID as part of the Data Feed approval process. We may change your Account Identifiers or Data Feed Access ID from time to time. An Account Identifier that is a private key or a Data Feed Access ID that is a password is for your personal use only and you must maintain its secrecy and security. You may not sell, transfer, sublicense, or otherwise disclose your private key or password to any other person or entity. An Account Identifier that is a public key or a Data Feed Access ID that is a username is not secret. You are responsible for all activities that occur under your Account Identifiers and/or Data Feed Access ID, as applicable, regardless of whether those activities are undertaken by you or any other person or entity. Therefore, you should contact us immediately if you believe that someone other than you may be using your private key or password, or if your private key or password is otherwise disclosed, lost, or stolen. Use of your Account Identifiers to access or use any service offered by Amazon Web Services is subject to the Amazon Web Services Customer Agreement. You may not use any Associates Tag Parameter, Account Identifier, or Data Feed Access ID assigned to anyone other than you or that we did not specifically assign to you.
4. Usage Requirements
By making calls to the Product Advertising API, accessing the Data Feed, or using Product Advertising Content, you agree to comply with the following requirements:
(a) You will not use our or our affiliates' trademarks or logos (including any Amazon Mark, as defined in Section 6) except solely in accordance with Section 6.
(b) You will use Product Advertising Content only (i) in a lawful manner; (ii) in accordance with the terms of this License Agreement and within the express scope of the license granted in Section 6; and (iii) to send end users to and drive sales on the Amazon Site. You will not use the Product Advertising API, Data Feed, or Product Advertising Content with any site or application, or in any other manner, that does not have the principal purpose of advertising and marketing the Amazon Site and driving sales of products and services on the Amazon Site.
(c) You will comply with all pages, schedules, policies, guidelines, and other documents and materials, including all Specifications, referenced in this License Agreement ("Operational Documentation").
(d) You will link each use of Product Advertising Content to, and only to, the relevant page of the Amazon Site (for example, the relevant Product detail page or other page to which particular Product Advertising Content most directly relates), and you will not link any Product Advertising Content to, or in conjunction with any Product Advertising Content direct traffic to, any page of a site other than the Amazon Site (however, parts of your application that are not closely associated with Product Advertising Content may contain links to sites other than the Amazon Site).
(e) You will not, without our express prior written approval, use any Product Advertising Content on or in connection with any site or application designed or intended for use with a mobile phone or other handheld device (which prohibition does not apply to any site that is not designed or intended for use with such devices but that may be accessible by such devices, such as a non-mobile-optimized site accessed via an internet browser on a tablet device, nor an Approved Mobile Application as defined in the Associates Program Operating Agreement), or any television set-top box (e.g., digital video recorders, cable or satellite boxes, streaming video players, blu-ray players, or dvd players) or Internet-enabled television (e.g., GoogleTV, Sony Bravia, Panasonic Viera Cast, or Vizio Internet Apps).
(f) You will not add to, delete from, or otherwise alter any Product Advertising Content in any way, including by adding additional information (e.g., you may not insert words into a customer review), except that you may resize Product Advertising Content consisting of a graphic image in a manner that maintains the original proportions of the image or truncate Product Advertising Content consisting of text in a manner that does not materially alter the meaning of the text or cause the text to become factually incorrect, misleading, or contrary to any law, regulation or industry guideline.
(g) You will promptly remove from your application and delete or otherwise destroy any Product Advertising Content that is no longer displayed on the Amazon Site or that we notify you is no longer available for your use.
(h) You will not include on your application, display, or otherwise use Product Advertising Content in connection with any spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code, or any software application not expressly and knowingly authorized by users prior to being downloaded or installed on their computer or other electronic device.
(i) You will not, without our express prior written approval, access or use the Product Advertising API or Data Feed for the purpose of aggregating, analyzing, extracting, or repurposing any Product Advertising Content or in connection with any software or other application intended for use by persons or entities that offer products on the Amazon site.
(j) You will not (i) interfere, or attempt to interfere, in any manner with the functionality or proper working of the Product Advertising API; (ii) compile or use Product Advertising Content for the purpose of direct marketing, spamming, unsolicited contacting of sellers or customers, or other advertising activities; or (iii) remove, obscure, alter, or make invisible, illegible, or indecipherable, any notice, including any notice of intellectual property or proprietary right, appearing on or contained within the Product Advertising API, Data Feed, Product Advertising Content, or Specifications.
(k) You will not issue any press release or make any other public communication with respect to this License Agreement or your use of the Product Advertising API, Data Feed, or Product Advertising Content. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this License Agreement.
(l) You will not, and will not attempt to (i) modify, alter, tamper with, repair, or otherwise create derivative works of the Specifications or any software included in Product Advertising Content; or (ii) reverse engineer, disassemble, decompile, or otherwise derive any source code of or relating to the Product Advertising API, Data Feed, or any software included in Product Advertising Content.
(m) You will not, without our express prior written approval, sell, resell, redistribute, sublicense, or transfer (i) any Product Advertising Content; or (ii) any application that utilizes the Product Advertising API or Data Feed or that incorporates or displays Product Advertising Content. For example, you may not use Product Advertising Content on or within any application, platform, site, or service (including social networking sites) that requires you to sublicense or otherwise give any rights in or to Product Advertising Content to any other person or entity. If you obtain our approval to sell, resell, redistribute, sublicense, or transfer a client application, that client application must comply with this License Agreement, including subsection (p) and the last sentence of subsection (n) below.
(n) You will not store or cache Product Advertising Content consisting of an image, but you may store a link to Product Advertising Content consisting of an image for up to 24 hours. You may store other Product Advertising Content that does not consist of images for caching purposes for up to 24 hours, but if you do so you must immediately thereafter refresh and re-display the Product Advertising Content by making a call to the Product Advertising API or retrieving a new Data Feed and refreshing the Product Advertising Content on your application immediately thereafter. Unless otherwise notified by us, you may store individual Amazon Standard Identification Numbers (ASINs) for an indefinite period until the termination of this License Agreement. Notwithstanding the foregoing, if your application includes a client application, the client application may not store or cache Product Advertising Content. Upon our request you will, within three business days of our request, furnish us with a copy of any client application that includes or uses Product Advertising Content for the purpose of verifying your compliance with this License Agreement.
(o) You will include a date/time stamp adjacent to your display of pricing or availability information on your application if you obtain Product Advertising Content from a Data Feed, or if you call the Product Advertising API or refresh the Product Advertising Content displayed on your application less frequently than hourly. However, during the same day on which you requested and refreshed the pricing and availability information displayed on your application, you may omit the date portion of the stamp. Examples of acceptable messaging include:
- Amazon.com Price: $32.77 (as of 01/07/2008 14:11 PST - Details)
- Amazon.com Price: $32.77 (as of 14:11 PST - More info)
(p) You will not exceed, or if you build and release an application that calls the Product Advertising API, each copy of that application that is installed by an end user will not exceed, any limit on calls per second set forth in any Operational Documentation (or that we otherwise notify you apply) and you will not send files to or from the Product Advertising API that are greater than 40K without our prior written approval.
(q) If you display Product Advertising Content consisting of text on your application, you will include the following disclaimer in plain view to end users of your application: "CERTAIN CONTENT THAT APPEARS [IN THIS APPLICATION or ON THIS SITE, as applicable] COMES FROM AMAZON SERVICES LLC. THIS CONTENT IS PROVIDED 'AS IS' AND IS SUBJECT TO CHANGE OR REMOVAL AT ANY TIME."
You agree to provide us with any information that we request to verify your compliance with this License Agreement.
In addition to any other rights or remedies available to us, we may terminate this License Agreement if we determine that you or other persons that we determine are affiliated with you or acting in concert with you (whether in respect to any existing or previously terminated account):
- have not complied with any requirement or restriction described in this License Agreement or any Operational Documentation or have otherwise violated this License Agreement;
- have not complied with any requirement or restriction in, or otherwise violated, any license agreement governing your access and use to Product Advertising APIs provided by any of our affiliates (e.g., the Amazon.co.jp Product Advertising API License Agreement, the Amazon.cn Product Advertising API License Agreement, the Amazon.ca Product Advertising API License Agreement, or the Amazon EU Product Advertising API License Agreement);
- have not complied with any requirement or restriction in, or otherwise violated the Amazon Web Services Customer Agreement; or
- have not complied with any requirement or restriction in, or otherwise violated, any agreements governing participation in any Associates Program offering provided by us or any of our affiliates (e.g., the Amazon Services LLC Associates Program, Amazon EU Associates Programme, the Amazon.ca Associates Program, the Amazon.cn Associates Program, and the Amazon.co.jp Associates Program).
- sending you emails relating to this License Agreement from time to time; and
- monitoring, recording, using, and disclosing information about your application and users of your application that we obtain in connection with your use of Product Advertising Content (e.g., that a particular Amazon customer clicked through a link from your application before buying a Product on the Amazon Site) in accordance with the Amazon.com Privacy Notice, and
- monitoring, crawling, or otherwise investigating your application to verify compliance with this License Agreement.
5. Responsibility for Your Application
You will be solely responsible for your application, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
- the technical operation of your application and all related equipment;
- ensuring that the display of Product Advertising Content on your application does not violate this License Agreement or any Operational Documentation or any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your application);
- creating and distributing, and ensuring the accuracy, completeness, and appropriateness of, materials included in or delivered via your application;
- ensuring that you do not use the Product Advertising API, Data Feed, Product Advertising Content, or your application in a manner that infringes, violates or misappropriates any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity, or other intellectual property or proprietary rights);
- any use that you make of the Product Advertising API, Data Feed, Product Advertising Content, and the Amazon Marks, whether or not permitted under this License Agreement.
We will have no liability for these matters or for any of your end users' claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to (a) your application or any materials that appear on or with your application, including the combination of your application or those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of your application or any materials that appear on or with your application, and all other matters described in this Section 5; (c) your use of the Product Advertising API, Data Feed, or Product Advertising Content, whether or not such use is authorized by or violates this License Agreement, any Operational Documentation or applicable law; (d) your violation of any term or condition of this License Agreement or any Operational Documentation; or (e) your or your employees' negligence or willful misconduct.
6. Limited License
Subject to the terms of this License Agreement and solely for the limited purposes of advertising Products on, and directing end users to, the Amazon Site, we grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display Product Advertising Content solely on your application; (b) use only those of our trademarks and logos that we may make available to you as part of Product Advertising Content (those trademarks and logos, collectively, "Amazon Marks") solely on your application and in accordance with the Trademark Guidelines; (c) access and use the Product Advertising API, Data Feed (subject to the requirements of Section 3), and Product Advertising Content solely in accordance with the Operational Documentation and this License Agreement; and (d) access and use the Specifications solely in connection with your access to and use of the Product Advertising API. The license set forth in this Section 6 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this License Agreement or any Operational Documentation, or otherwise upon termination of this License Agreement. Regardless of whether the license set forth in this Section 6 is terminated, you will immediately stop using the Product Advertising API and/or Data Feed and promptly remove from your application and delete or otherwise destroy any portion of or all Product Advertising Content, as requested by us.
The Product Advertising API or Data Feed may allow you to access data, images, text, and other information and content relating to products offered on one or more Amazon Affiliate Sites. If you use the Product Advertising API or Data Feed to access or use any such data, images, text, or other information or content, you agree to comply with and be bound by the terms of the Amazon.co.jp Product Advertising API License Agreement, Amazon.ca Product Advertising API License Agreement, or the Amazon EU Product Advertising API License Agreement, as applicable.
7. Reservation of Rights; Feedback
Other than the limited licenses expressly set forth in Section 6, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this License Agreement or otherwise, acquire any ownership interest or rights in or to the Product Advertising API, Data Feed, Product Advertising Content, any domain name owned or operated by us or our affiliates, Operational Documentation, our and our affiliates' trademarks and logos (including the Amazon Marks), and any other intellectual property and technology that we provide or use in connection with the Product Advertising API, Data Feed, or Product Advertising Content. If you communicate suggestions to us ("Feedback"), we will own all right, title, and interest in and to that Feedback, even if you have designated it as confidential, and we will be entitled to use it without restriction. You hereby irrevocably assign to us all right, title, and interest in and to all Feedback and Product Advertising Content that you modify or edit in any way, and agree to provide us such assistance as we may require to document, perfect, or maintain our rights in and to the Feedback and modified or edited Product Advertising Content.
If you provide us or any of our affiliates with reviews, data, images, text, or other information or content about a product or otherwise in connection with this License Agreement or your use of the Product Advertising API or Data Feed ("Your Submission"), you hereby grant us a perpetual, paid-up royalty-free, nonexclusive, worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, display, and distribute Your Submission in any manner; (b) adapt, modify, re-format, and create derivative works of Your Submission for any purpose; (c) use and publish your name in the form of a credit in conjunction with Your Submission (however, we will not have any obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. Additionally, you hereby warrant that: (y) Your Submission is your original work, or you obtained Your Submission in a lawful manner; and (z) our and our sublicensees' exercise of rights under the license above will not violate any person's or entity's rights, including any copyright rights.
8. Compliance with Laws
In connection with your use of the Product Advertising API, Data Feed, and Product Advertising Content, you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).
9. Term; Termination or Suspension
The term of this License Agreement will begin upon our acceptance of your enrollment application and will end when terminated by either you or us. Either you or we may terminate this License Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this License Agreement, any and all licenses you have with respect to the Product Advertising API, Data Feed, Product Advertising Content (including any Amazon Marks), or Specifications will automatically terminate and you will immediately stop using the Product Advertising API and/or Data Feed, and promptly remove from your application and delete or otherwise destroy all Product Advertising Content (including any Amazon Marks) and any other materials provided or made available by or on behalf of us to you under this License Agreement or otherwise in connection with the Product Advertising API or Data Feed. In addition, we may terminate or suspend your license to access and use the Product Advertising API, Data Feed, or any part of or all Product Advertising Content at any time without terminating this License Agreement by giving you written notice. Upon your receipt of that notice, you will immediately stop using the Product Advertising API, Data Feed, and Product Advertising Content, and promptly remove Product Advertising Content from your application, provided that (a) in the case of a suspension you may resume access to and use of the Product Advertising API, Data Feed, and Product Advertising Content upon notice from us; or (b) in the case of a termination you will additionally promptly delete or otherwise destroy all Product Advertising Content. Upon any termination of this License Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties under Sections 5, 7, 9, 11, 12, 13, 14, and 15 will survive the termination of this License Agreement. No termination of this License Agreement will relieve either party for any liability for any breach of, or liability accruing under, this License Agreement prior to termination.
We may modify any of the terms and conditions contained in this License Agreement or any Operational Documentation at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the amazon.com site. Modifications may include, for example, changes to the usage requirements. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS LICENSE AGREEMENT. YOUR CONTINUED USAGE OF THE PRODUCT ADVERTISING API, DATA FEED, OR PRODUCT ADVERTISING CONTENT FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED LICENSE AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE AMAZON.COM SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.
11. Relationship of Parties
You and we are independent contractors, and nothing in this License Agreement or the Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates' behalf. You will not make any statement, whether on your application or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this License Agreement, you will be deemed to have taken the action yourself.
12. Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS LICENSE AGREEMENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, SPECIFICATIONS, OPERATIONAL DOCUMENTATION, THE AMAZON SITE, OR THE SERVICE OFFERINGS (DEFINED BELOW), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS LICENSE AGREEMENT AND THE SERVICE OFFERINGS WILL NOT EXCEED $25,000.
THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, AMAZON SITE AND THE PRODUCTS AND SERVICES OFFERED ON THE AMAZON SITE, OPERATIONAL DOCUMENTATION, OUR OR OUR AFFILIATES' DOMAIN NAMES (INCLUDING THE AMAZON.COM DOMAIN NAME), OUR AND OUR AFFILIATES' TRADEMARKS AND LOGOS (INCLUDING THE AMAZON MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THIS LICENSE AGREEMENT (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
WE MAY DISCONTINUE PROVIDING ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR APPLICATION OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OPERATIONAL DOCUMENTATION, THE AMAZON SITE, OR THE AWS.AMAZON.COM SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENSE AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS LICENSE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRODUCT ADVERTISING API, DATA FEED, OR PRODUCT ADVERTISING CONTENT, OR (Z) ANY TERMINATION OR SUSPENSION OF THIS LICENSE AGREEMENT OR YOUR USE OF OR ACCESS TO THE PRODUCT ADVERTISING API, DATA FEED, OR PRODUCT ADVERTISING CONTENT.
Any dispute relating in any way to the Product Advertising API, Data Feed, Product Advertising Content, or this License Agreement will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law and the laws of the state of Washington, without regard to principles of conflict of laws, will govern this License Agreement and any dispute of any sort that might arise between you and us.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this License Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98051. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding anything to the contrary in this License Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity's intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Product Advertising API, Data Feed, and Product Advertising Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages.
You acknowledge and agree that we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your application. You may not assign this License Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this License Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this License Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this License Agreement. In the event of any conflict between this License Agreement and the Operational Documentation, this License Agreement will control. If you are enrolled in the Associates Program and in the event of any conflict between this License Agreement and the Associates Program Operating Agreement ("Operating Agreement"), the Operating Agreement will control except that this License Agreement will control with respect to your use of the Product Advertising API, Data Feed, and Product Advertising Content. Whenever used in this License Agreement, the terms "include(s)," "including," "e.g.," and "for example" mean, respectively, "include(s), without limitation," "including, without limitation," "e.g., without limitation," and "for example, without limitation." Any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this License Agreement, may be made, taken, or given in our sole discretion.